In California, it is very difficult to relieve someone of the requirement to register as a sex offender. You should speak with a criminal defense attorney who specializes in sex offender laws and regulations. Make sure whomever you speak with knows the subject matter. Most criminal defense attorneys don't know how to navigate these waters. Whomever you hire, and if this is something he really wants you are going to have get an attorney, make sure they consult with the San Diego County Public Defender's Office. The absolute best sex offender criminal defense minds in San Diego are in that office. Whomever you hire will know who they are. One in particular helped me out with this exact issue for a former client.
Attorney at Law
Law Offices of Leighton D'Antoni
900 Jackson St. Suite 750
Dallas, TX 75202
(214) 960-9360 (phone)
(214) 666-3901 (fax)
*licensed to practice law in the States of Texas and California
Don't listen to FL attorney's posting about CA's sex laws because unless they alsopractice here they don't know squat.
If you want to apply for exclusion from the Megan's Law internet list go to this site to see if you qualify: http://www.meganslaw.ca.gov/pdf/Application.pdf. If you do submit the form and hold your breath.
You can also get off with a certificate of rehabilitation or a governor's pardon but as to the latter I guess you already know that is next to impossible.
There are only a few offenses where there is any possibility of getting off of Megan's List. So, the first thing you need to know is exactly what offenses he was convicted of to find out if it is even possible at all.
Another route he should look into is applying for a Certificate of Rehabilitation, which is available to some sex offenders, depending on what the offense was. If eligible a Certificate of Rehabilitation relieves some sex offenders of the duty to register.
I agree with Mr. D'Antoni. Best bet is to contact the San Diego Public Defender and/or a locally experienced criminal defense attorney with first hand experience in dealing with such petitions.
Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555
Some sex offenders who are currently listed on the Megan's Law website may petition to have their name and address removed if they received probation for any one of the following offenses:
1. Sexual Battery by Restraint (Penal Code section 243.4(a));
2. Misdemeanor Child Molestation (Penal Code section 647.6 (formerly Penal Code section 647a)); or
3. Any sex offense in which the victim was related to the sex offender and the sexual act involved neither penetration nor oral copulation.
Nevertheless, sex offenders who are successfully removed from the Megan's Law website must still register as sex offenders with their local law enforcement agency.
As of January 1, 2012, a registered sex offender cannot be removed from the Megan's Law website unless a State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) deems the individual a "risk level of low or moderate-low."
The short is answer is yes, it is possible, but extremely difficult. You should consult with an attorney knowledgeable in this area (and believe me, not all criminal defense lawyers are) to find out if it is even a possibility.
SLG Criminal Law Group
515 South Flower Street
Los Angeles, CA 90071